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In 2018, the city councils in both Austin and San Antonio passed ordinances to require employers to provide paid sick leave to employees. The ordinances have faced legal challenges, including a ruling in November 2018 that the Austin law is unconstitutional due to preemption by the Texas Minimum Wage Act. Neither ordinance has taken effect to date. Now the state senate has taken up the matter.

On February 28, 2019, the Texas State Senate Committee on State Affairs advanced a bill that prevents cities and counties from adopting local ordinances related to employment leave. The bill is now eligible to be taken up by the full senate and is expected to pass when it comes up for consideration. We will provide updates as this issue develops.

Twenty-two other states have banned local governments from passing their own paid leave laws. Additional information on this topic is available through Ogletree Deakins’OD Comply: State Leave Laws, a subscription-based product compiling state leave requirements in a concise guide to compliance in all 50 states and the District of Columbia.


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Practice Group

Leaves of Absence/Reasonable Accommodation

Managing leaves and reasonably accommodating employees can be complex, frustrating, and expose employers to legal peril. Employers must navigate a bewildering array of state and federal statutes, with seemingly contradictory mandates.

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